What awaits gardeners and summer residents in 2021: main changes

Buying a dacha in SNT is a responsible matter in our time. In order to avoid becoming a victim of scammers, black realtors and unscrupulous sellers, you need to know how to formalize the purchase of a summer house in SNT and what documents the seller should have for a plot of land and a country house. Let's look at how to arrange the purchase of a summer cottage with a plot of land yourself and what you should pay special attention to when purchasing a summer cottage plot from a gardening partnership.

What you need to know when buying a summer house in SNT

What pitfalls await us when buying a dacha in SNT, even if all the documents are in order?

The dacha is part of the partnership, which means that certain rules of life and life have already been established among the members of the SNT. You definitely need to familiarize yourself with them, so that later you don’t get any unpleasant surprises in the form of fines from the board, for example, for not mowing the area behind the fence on time.

Some owners try to get rid of their summer cottages when they learn that a major construction of roads or other large structures is planned nearby, so it is better to check information about nearby developments with the local administration.

Even if the land plot is demarcated and has coordinates, they may not correspond to reality. You can check the coordinates by locating the points.

Before buying a dacha, don’t be lazy, find out what the neighbors are like! This is one of the important aspects of peaceful relaxation on your site in the future.

Beware of buying plots with a reduced price, and also be vigilant when the purchase and sale occurs by proxy, without the participation of the owner.

In what cases is the spouse's consent required to purchase a plot of land?

The Family Code of the Russian Federation obliges the provision of notarized consent of the husband or wife only for the execution of transactions by one of the spouses:

on the disposal of real estate;
on alienation of real estate (exchange, sale, donation);
for which mandatory registration is required.

Note! A plot of land (or other real estate) received by one of the spouses through gratuitous transactions (for example, donation, privatization, inheritance) is his personal property and does not require the written approval of the other half for any transactions.

The only exception is the alienation of living space acquired by one of the spouses as part of privatization, but under a paid agreement.

Is it possible to buy a dacha without land surveying in 2021

In 2021, the issue of buying a summer house without land surveying has become very relevant. Every year the legal requirements regarding registration of the purchase and sale of real estate become more stringent.

It is still possible to buy a dacha without land surveying, but it is better to protect yourself from unnecessary problems.

We wrote details about whether it is possible to sell a dacha or garden plot without land surveying, and what restrictions exist on the sale of land, in the article: “Is it possible to sell a plot of land without land surveying?”

When is spousal consent not required?

Notarized approval for the purchase of land ownership is not required if the plot is purchased without organizing an auction.

Since 2013, as already mentioned, purchased plots of land are not subject to registration, which means that no one will ask the consent of the other half.

However, in the event of a dispute between spouses, it is quite possible that it will be necessary to prove the ownership of the funds spent on the plot.

So, lawyers still recommend drawing up such consent from the spouse in writing, securing it with the signature of a notary.

What documents should the seller present when purchasing a summer house in SNT 2021?

Before buying a dacha in SNT, make sure that it really belongs to the seller and that he has all the necessary title documents.

According to the requirements of 2021, the seller must provide documents for the dacha:

A recent extract from the Unified State Register for the plot is the main document that will be needed when purchasing a summer house. As you know, certificates of ownership will not be issued since 2021. Instead, they use an extended extract from the Unified State Register of Real Estate, which contains all the main parameters of the dacha plot (coordinates, area, full name of the owner, etc.). There are cases when the seller has a certificate of ownership, but the land is not registered in the cadastral register. Here you need to be vigilant and it is better not to buy such a plot, but to wait until the owner registers the rights to it with Rosreestr.

Documents for a country house (extract from the Unified State Register of Real Estate);

Copy of the owner's passport;

Document – the basis of ownership (sale and purchase agreement, court decision, certificate of inheritance);

Spouse's consent;

A certificate from a mental health center (not necessary, but desirable in order to prevent the transaction from being declared invalid);

If there are no documents for a country house, you will face the costs of preparing a technical plan and registering the house in the future. Otherwise, the dacha may be considered a squatter building.

After checking the documents for the dacha, you can begin concluding a purchase and sale agreement for a dacha plot (for information on how to draw up an agreement yourself, read the article: “Agreement for the purchase and sale of a land plot 2021 between individuals - features of registration through the MFC.”

Normative base

Legislative norms in the field of execution and registration of real estate transactions were changed several years ago.

Until 2013, the Civil Code of the Russian Federation contained provisions according to which any real estate transaction, including the purchase of a land plot, required the presence of a notarial consent of the other half.

Both the seller and the registration authority could have required this document in order to prevent the husband or wife from carrying out illegal transactions with real estate.

Important! When purchasing a plot of land, a family spends common funds from the family budget; it does not matter in whose name the acquired property is registered. In any case, the spouse has the right to own half of the plot.

According to Federal Law No. 302 dated December 30, 2012, registration of agreements for the purchase of the following types of real estate has been cancelled:

residential building (or part thereof);
apartments (parts of an apartment);
garage;
rooms (parts of a room);
land plot;
other real estate objects.

In 2021, the agreement for the purchase of the above objects will have legal force even without its registration with the relevant authorities, and therefore without the written consent of the spouse.

All that is required is the signatures of all parties and the correct content of the document in accordance with the regulations of the Russian Federation. However, you still need to contact government authorities to register ownership.

At the same time, the Family Code of the Russian Federation does not have clear regulation in this area and contains some contradictions. So, in paragraph 2 of Art. 35 of the RF IC does not indicate the need for notarized consent of the husband or wife.

This means that the buyer does not have to provide either the registration authority or the seller with a document confirming the consent of the other half to the transaction.

But already in paragraph 3 of the same article there is a requirement for the buyer to provide written consent, certified by a notary, when making financial transactions with real estate.

In connection with these standards, employees of many registration authorities, even in 2021, require applicants to provide a corresponding document when completing a transaction.

If there is no written consent, then they are obliged to accept the remaining documentation, but at the same time warn about the possible suspension of the registration procedure.

The second option is that the registrar will approve the transaction with a resolution, which indicates the deadline for the parties to provide notarized approval of the second half for the purchase of real estate.

The consent of the spouse to purchase a plot of land is also required by another regulatory act - Order of the Ministry of Economic Development No. 1 of January 12, 2015, concerning the list of documents required when purchasing a plot of land.

Paragraph 2 of this order states: when purchasing land by a citizen in a marriage union, the notarized approval of the second spouse must be added to the application.

However, by court decision No. AKPI15-1048 dated October 8, 2015, the above order was declared illegitimate in connection with the amendments to the Civil Code that came into force in 2013 to remove such an obligation from a married buyer.

How to buy a dacha and not be deceived

When you buy a dacha from a gardening partnership, you become a full member of the SNT, acquiring not only rights to the dacha, but also responsibilities.

The state in every possible way persuades people to register their properties in the cadastral register, but not everyone is in a hurry to do this for various reasons. Many people do not register their dachas with SNT to avoid paying extra taxes. Others are not ready to spend their time and money on proper paperwork, and some simply do not know that real estate in SNT - be it summer cottages, garden houses, or other fundamental buildings - must be registered with Rosreestr.

Therefore, many summer cottages in SNT are not registered in the cadastral register. How to buy a dacha and not be deceived?

Pitfalls when buying a summer house in SNT:

Avoid purchasing dacha plots in SNT that have not undergone the land surveying procedure and have not been registered with the cadastral register, even if formally all the owner’s documents are in order. Keep in mind that the land surveying procedure costs money and requires coordination of boundaries with neighbors.
A garden book is not a document confirming ownership, it speaks of membership in SNT! Read about whether you can or cannot buy a dacha using a garden book in a separate article.
Rosreestr has the right to suspend the registration of a contract for the sale and purchase of a dacha in SNT, if there are legal grounds for this (read more about the suspension here). For example, the site does not have clear boundaries (not demarcated), the application was submitted by an inappropriate person, there are legal disputes regarding the site (seizure, etc.).
If the owner sells the dacha through a proxy, do not be lazy and check the power of attorney for authenticity, there are different cases. Try to meet the owner and get a copy of his passport.
If there are buildings on the dacha plot - a house, a bathhouse, outbuildings, etc. - check their cadastral registration, and also whether the buildings comply with all the standards for setbacks from the boundaries of the land plot.
After receiving an extract from the Unified State Register for the site, check its boundaries by resorting to the services of a geodetic company - order the boundaries to be taken out in kind - this way you will protect yourself from possible serious problems in the future.
Check the type of permitted use and purpose of the land, and whether the site is located in a zone with special conditions for the use of territories (ZUT). For example, buying a summer house in the area near an airfield, in a cultural heritage zone or in a water protection zone can result in significant difficulties when preparing documentation for a country house in the future.

Is a spouse's notarized consent required for the sale of a land plot?

When registering a transaction for the sale of land in Rosreestr, an authorized employee will definitely require the notarized approval of the spouse if the rights to this plot are transferred to a third party.

Important! If it is determined that common financial resources were invested in the plot of land of one of the spouses, which he owned before marriage, which increased its value, then the consent of the other half will be required for the sale transaction.

Note! A spouse whose official consent to the transaction for the sale of a plot of land was not received has the right to demand through the court that this transaction be declared invalid within 1 year after learning about this transaction.

How much does a spouse's consent cost from a notary?

The price of a spouse’s written consent to purchase a land plot consists of 2 components:

the tariff established by the Federal Notary Chamber for absolutely all notary offices located on the territory of the Russian Federation;
the cost of providing technical services (drawing up a document, printing on a form), established on the basis of the recommendations of the regional notary chamber.

In 2021, the average cost of obtaining a written consent from a notary varies between 1,500–2,000 rubles.

Now you know when and when written approval from the husband or wife is required for the purchase or sale of land.

We recommend that you formalize all transactions for the purchase and sale of land plots and other property only in accordance with the law.

Video: Consent of spouses when purchasing real estate

2 comments on the article “Is the consent of a spouse required to purchase a plot of land?”

V
Anonymous writes:
As always: our laws contradict each other
Answer
V
Anton writes:
What if my wife doesn’t agree to buy the land, and I want to grow strawberries?
Answer

How to register an abandoned dacha plot as a property without documents for a plot in SNT according to the 2021 law